Postnuptial Agreement Lawyer Orlando

Creating Comprehensive and Enforceable Legal Documents

Thinking about the potential end of your marriage can be difficult. However, creating a detailed legal document helps protect both you and your spouse in case of divorce. Postnuptial agreements are powerful tools that preserve your assets and safeguard your interests in case your relationship doesn’t work out.

There are many reasons why a couple might decide to draft a postnuptial agreement. If you’re considering creating a postnup, talking to an attorney is the first step. At Bloodworth Law, PLLC, we can create a legally binding agreement to preserve what’s important to you while protecting your spouse as well. Contact our law firm at 407-449-8958 to learn more about our services.

What is a Postnuptial Agreement?

While most people have heard of prenuptial agreements, not many know what a postnuptial agreement is. Postnuptial agreements, also called postnups, are legal agreements created after the marriage is already established. They contain instructions about what will happen to assets and liabilities in case the marriage ends.

Postnuptial agreements are similar to prenuptial agreements in that they can help both spouses alleviate financial concerns and worries. Some couples choose to use a postnup rather than a prenup because they simply didn’t get around to drafting a document before the marriage. Other couples wish to address changing financial circumstances to protect themselves in the future.

No matter what your reasoning is for creating a postnup, working with a lawyer is the only way to ensure your instructions are clear and legally binding. Creating a postnup incorrectly or with unlawful instructions can leave you without protection if you get divorced.

What Does a Postnuptial Agreement Cover?

Postnuptial agreements are unique and modifiable for each couple. You and your spouse can include instructions on what’s most important for you.

The most common items covered in a postnup include:

Division of Assets

Most couples create postnups to cover how assets will be distributed if they get divorced. You can clearly state which assets are individual property and which ones are marital property, plus how they will be divided.

Division of Debts

When couples get married, individual debts are split evenly between them. If one spouse is preparing to incur a significant amount of debt (for example, buying a business or going to graduate school), the postnup can assign responsibility for paying that debt to that spouse.

Alimony

Alimony, also called spousal support, is a significant consideration for most couples. The lower-earning spouse can request alimony payments during and after a divorce. You can include stipulations and certain limitations on alimony payments.

Financial Disclosure

Both spouses must include a complete accounting of all their assets and liabilities. Failing to disclose financial information can make the postnup inadmissible.

Gifts and Inheritance

It’s very common for couples to create a postnup agreement when one spouse is anticipating a large inheritance. You can include instructions about how the inheritance is to be distributed (or not distributed) in the event of a divorce.

What Can a Postnuptial Agreement Not Cover?

Like prenups, there are certain terms and conditions that cannot be included in a postnup. Anything related to child custody or child support arrangements cannot be included, as a court must make a final decision on what’s best for your children.

Terms or conditions that are unfair or unlawful can also not be included. Instructions related to illegal activity can result in the prenup being thrown out.

Who Should Have a Postnuptial Agreement?

There are many reasons why couples choose to create a postnuptial agreement. The main reason is simply for protection and peace of mind in case the marriage ends.

Other reasons couples may choose to have a postnup drafted include:

To prevent arguments about finances and assign financial responsibility to each spouse
To protect the inheritance of children from a previous marriage
To safeguard inheritance or gifts that one spouse is receiving
To protect a spouse who is not working or currently staying at home to take care of children

If you have questions about postnuptial agreements or aren’t sure whether they’re right for you, contact our team today. We can answer your questions and tell you more about postnups so you can make an informed decision.

What Makes a Postnuptial Agreement Legally Valid?

In Florida, there are certain laws that dictate how a postnup can be written so it holds up in court. Postnuptial agreements that are not written and signed correctly may be challenged, leading to them being thrown out. If you want your postnup written correctly, working with a member of our legal team is essential.

There are a few elements to a valid postnup, including:

The postnup must be written. Oral agreements are not valid
The postnup must be signed willingly by both parties
The postnup includes a full financial statement from each spouse
The agreement has been made in good faith without deceit or misrepresentation

Both parties are entitled to legal representation and must have ample time to review the agreement before signing. If either spouse feels rushed or coerced into signing, a judge may throw the postnup out.

There are various reasons why a spouse may challenge the validity of a postnup, including:

Lack of disclosure: When one spouse fails to disclose their financial status, the postnup could be unenforceable. It’s essential to provide a full accounting of your assets and debts
Duress: Both parties must enter the agreement willingly. If one party feels they were pressured to sign or did not have ample opportunity to review the contract, they could claim they were coerced

What Are the Benefits of a Postnuptial Agreement?

There are many benefits to creating a postnuptial agreement. Many couples choose them to avoid arguments over finances in the future. Some couples also choose them to clearly define their rights and responsibilities when it comes to assets.

Do You Need a Postnuptial Agreement Attorney?

Postnuptial agreements are powerful tools that can help set you and your spouse up for success. If you’re interested in creating a postnup, working with an attorney allows you to create one that’s unique to your needs. Our team will learn more about your financial situation and your goals for the future to create a legally binding document that’s right for you.

Bloodworth Law, PLLC is here to protect your assets and give you and your spouse peace of mind. Whether you’re interested in creating a postnup or you just have questions, our team is here for you. Contact us today by calling 407-449-8958 to learn more about our services and how a postnup can benefit your relationship.

Postnuptial Agreement Attorney in Orlando